Rural Affairs and the Environment
Good afternoon, everyone. The first item of business is portfolio question time. In order to get in as many members as possible, I would prefer short and succinct questions and, indeed, short and succinct answers.
Emissions Reduction
To ask the Scottish Government what support it provides to local authorities to help reduce carbon emissions and contribute towards the 2013 to 2027 emissions reduction targets. (S4O-03296)
Aside from engagement through the public sector climate leaders forum, the Scottish Government provides a range of assistance to support local authorities in meeting their obligations under the public bodies duties in the Climate Change (Scotland) Act 2009, for example by providing £440,000 of funding support to the sustainable Scotland network; through the work of our resource efficient Scotland programme, which will receive £7.3 million in 2014-15; by providing access to finance and expertise via the Scottish Futures Trust and other mechanisms, including the £20 million central energy efficiency fund and the £2 million we invested directly in local authority LED lighting projects in 2013-14; by providing more than £10 million of investment to local authorities and partners to support electric vehicle infrastructure and vehicles, with a further £5 million investment planned this year; and by providing £20 million to councils to support food waste collections since 2011-12.
I could give further details on the support that we provide through the bus investment fund, the smarter choices, smarter places project and the home energy efficiency programmes for Scotland, but bearing in mind what you said, Presiding Officer—
That will be enough for the moment.
I thank the minister for that comprehensive response.
A key part of Glasgow’s bid to host the 2014 Commonwealth games was the designation of several low-emission zones around each of the sporting venues. How does the Scottish Government intend to work with Glasgow City Council to ensure that air quality in those areas continues to meet national air quality standards after the conclusion of the games?
The member’s supplementary question is about air quality, but I accept that it is relevant to the issue of climate change.
We are interested in learning from the evaluation evidence that is gathered in Glasgow on low-emission zones, so we are working with the council to see what lessons we can learn about the impact of that measure over the limited period of the Commonwealth games.
We are also supporting Glasgow City Council to provide almost £600,000-worth of electric vehicle funding between 2010 and 2013-14, which is helping to reinforce that approach in Glasgow. In addition, under the Scottish green bus fund, we have given grants of almost £920,000 to First Glasgow for 10 buses.
We are taking a number of measures to support the actions of local authorities such as Glasgow City Council to trial such initiatives. I hope that the support that we are providing for infrastructure investment will make it more likely that that work will succeed in the future.
Tyre Recycling and Disposal
To ask the Scottish Government what progress it has made with the monitoring and regulation of tyre recycling and disposal. (S4O-03297)
As John Pentland will know from our discussions about the Earthmover Tyres issue, when significant problems arose, we sought through the passage of the Regulatory Reform (Scotland) Act 2014 to strengthen the Scottish Environment Protection Agency’s powers to ensure that SEPA officers have the regulatory tools to tackle non-compliance and criminality in the waste sector.
SEPA has taken enforcement action at a number of sites and will continue to take action to bring priority sites back into compliance. As part of a comprehensive plan, SEPA will also work with waste tyre producers, such as tyre fitters across Scotland, to ensure that they take a high level of interest in how their waste is dealt with and to prevent them from dealing with non-compliant storage or treatment sites.
As the minister will probably be aware, there is a huge tyre dump on the flight path to Glasgow airport. Like the one near Wishaw general hospital, it has 100,000 tyres, it is unlicensed and a fire there could have a catastrophic impact. Despite the responsible recycler scheme, there is still a lot of illegal disposal. Almost all major enforcement actions involve exempt operations. Has the minister considered a moratorium on waste exemptions for end-of-life tyres?
We have not taken the approach that Mr Pentland sets out to date but, in the case of the site that he mentioned, we are taking regulatory action. I point out that—as of today, I believe—Fergus Ewing has signed orders that allow the Regulatory Reform (Scotland) Act 2014 to come into force, so we now have an act that we can use in implementing tighter enforcement.
I will be happy to receive representations from Mr Pentland on the issue that he raises, but at this stage we have no plans to impose a moratorium.
What support is available for helping companies to promote the fact that they use products that are made from recycled tyres?
The member will know that the cabinet secretary is very keen to develop a circular economy approach, looking at how we can use all sorts of important raw materials to ensure that we retain and reuse them within Scotland rather than lose their value. We are working through the likes of Zero Waste Scotland and resource efficient Scotland to promote those kinds of ideas.
I am sure that the cabinet secretary would be keen to engage on that particular issue. Where SEPA comes in, of course, is in relation to regulatory compliance issues and ensuring that sites are compliant with the law, but the cabinet secretary has an interest in the circular economy and I am sure that he would be interested in any representations from the member.
Sustainable Action Fund
To ask the Scottish Government how the sustainable action fund is progressing. (S4O-03298)
The sustainable action fund funds a range of activity to support local sustainability action and reduce carbon emissions.
The largest component of the sustainable action fund is the demand-led climate challenge fund. The CCF supports communities to take practical action to reduce carbon and, in the period since 2008, it has supported 658 awards to 486 communities, with total awards of £57.2 million. The annual CCF allocation is £10.3 million of the total sustainable action fund budget of £15.3 million.
Following the CCF refresh, take-up has increased significantly, and spend in 2013-14 was £9.8 million out of the £10.3 million allocated. In-year demand has been such that I recently announced a CCF top-up of £1.5 million in 2014-15—taking the total funding available in the current year to £11.8 million—and confirmed CCF funding at £10.3 million for 2015-16.
Good progress has also been made in other areas of sustainable action fund spend. For example, in 2013-14, the remaining £5 million in the sustainable action fund supported a range of activity, including rolling out the individual, social and material—ISM—tool; providing £2 million to support transition to low-carbon street lighting; and supporting the greener Scotland marketing campaign.
I understand that, in 2013-14, the original budget for the fund was £15.3 million. It was reduced at the autumn budget revision to £13.3 million; and it was reduced again at the spring budget revision to £11.7 million. What was the final outturn figure for 2013-14?
I do not have that figure to hand, but I will happily write to Mr Brown with that information as soon as I can get hold of it.
Environmental Improvement Initiatives (West of Scotland)
To ask the Scottish Government what discussions it has had with west of Scotland local authorities on environmental improvement initiatives. (S4O-03299)
The Scottish Government engages regularly with local authorities about a range of environmental issues, including, among other subjects, flood protection, biodiversity, climate mitigation, air quality, environmental protection and drinking water quality. A range of environmental improvement initiatives are under way in the west of Scotland.
The minister is aware of my continuing campaign for better flood protection measures throughout the west of Scotland, particularly in the Inverclyde area, and I recently met the minister to highlight the case for flood protection funding for Inverclyde. I would be grateful if the minister would update me on the situation on flood protection funding for Inverclyde.
Officials from the Scottish Government and the Convention of Scottish Local Authorities recently met representatives of Inverclyde Council to provide feedback on its unsuccessful application for funding for flood protection work.
The council will now be invited to clarify the rationale for how the Greenock part of the scheme, if taken alone, would meet the published criteria for funding when the scheme as a whole did not meet the criteria in the January funding round. If the joint Scottish Government and COSLA assessment panel agrees that the Greenock scheme is eligible, it will be funded.
Forest Estate (Recreation)
To ask the Scottish Government how it promotes the recreational opportunities of the forest estate. (S4O-03300)
The Scottish Government and Forestry Commission Scotland fully recognise the growing evidence that Scotland’s woodlands play an important role in tackling health inequalities.
Forestry Commission Scotland actively promotes responsible access by a wide range of users to the largest network of informal and formal recreation opportunities in Scotland, which last year hosted around 9 million visits. It achieves that through annual investment in its facilities, which in 2014-15 will be £11.8 million. That expenditure is supported by its recently renewed recreation website, targeted advertising, media releases and on-site interpretation, including at its six visitor centres.
The commission works in close partnership with public, business and voluntary organisations at a national scale, such as mountain biking groups, and at a more local scale, such as at Castlemilk Wood, near Glasgow, so that more people from a wide range of backgrounds can enjoy their local woodlands. That is complemented by work that VisitScotland, the Scottish Tourism Alliance and the Scottish Sports Association undertake.
The minister might be aware of the sculpture trail at Tyrebagger wood in my constituency. The trail has been in place now for 15 years and is beginning to look a little tired and past its best. Is the minister willing to meet me to discuss how the trail could have its recreational value enhanced to ensure that it can sit alongside some of the other pursuits that he has identified, such as mountain biking and walking, and attract more people to use the fantastic forest estate in the north-east of Scotland?
I take Mark McDonald’s point. Kirkhill and Tyrebagger forests are popular. I understand that 1.8 million visits per annum are made to forests in the Moray and Aberdeenshire area, so it is obviously an area in which the forest estate is valued. I am happy to arrange a meeting with the member to discuss the promotion and management of recreation on the national forest estate.
In relation to Tyrebagger, as with many art projects, the sculptures were commissioned and managed by a charitable trust, which has an agreement with Forestry Commission Scotland and Aberdeen City Council that dates back to the 1990s. In recent years, the trust has struggled to maintain interest from its trustees and to raise the necessary finances to sustain the commissioning of high-quality work at Tyrebagger. There are therefore issues about investment in the forest, but I am glad to say that I will be able to meet Mr McDonald to discuss that further.
The minister and I were at the Confor conference last week, at which we heard about the challenges that the forestry sector faces. Is he confident of meeting the 2022 target for planting, and how does he respond to calls from the industry to consider extending it?
We set up the woodland expansion advisory group to consider the feasibility of delivering the target, taking into account not only woodland planting but the impact on agricultural use. We have a route map of how we can do that while working with stakeholders to ensure that forestry investment takes place.
We have put in place total funding of £80 million for this year and next year to ensure that we achieve our targets. We know that at least 18,000 hectares are in the pipeline for planting over that two-year period. We are confident that we can achieve our aims in the short term, but we will clearly have to make spending decisions in future and reflect circumstances at the time to ensure that we keep the planting rates competitive and attract investment from the private sector and other partners. I will certainly keep Parliament informed of progress on that.
National Litter Strategy
To ask the Scottish Government when it plans to launch its national litter strategy. (S4O-03301)
I said at the turn of the year that my intention was to publish the strategy in the early summer. Therefore, I will publish it very shortly. The strategy will build on the high-profile action that we have already taken, including increasing fixed penalties for litter and fly-tipping, and our recently passed regulations for a charge for single-use carrier bags. We have also provided £0.5 million over two years to Keep Scotland Beautiful’s clean up Scotland initiative.
Given that the consultation ended last autumn, and that the minister gave a commitment in 2012 to have the national litter strategy fully implemented ahead of the Commonwealth games, why has it taken so long for the Government to launch its strategy?
As I explained, we are sticking to the timetable for publishing the final strategy that we laid out back when the consultation closed. Of course, it is Scotland’s first ever national litter strategy, so let us make every effort to get it right. I hope that the strategy will help to influence behaviour in Scotland. Ultimately, no matter what the Scottish Government puts in a strategy, keeping Scotland clean and tidy will depend on the co-operation of the people of Scotland.
Farm Tenants (Right to Buy)
To ask the Scottish Government how the agricultural holdings legislation review group can take account of the final report of the land reform review group, “The Land of Scotland and the Common Good”, in addressing calls for the right to buy for 1991 farm tenants. (S4O-03302)
As chair of the agricultural holdings legislation review group, I met with the other members of the group just last week to finalise the group’s interim report, which will detail the group’s extensive evidence gathering and engagement to date. It explains where we have identified issues that need to be resolved, and how we intend to develop potential solutions.
As part of that work, the agricultural holdings legislation review group of course notes the land reform review group’s consideration of many of the issues surrounding agricultural tenancies and smallholdings, and its recommendations in the area. We will consider what the land reform review group has said, as well as our work, as we develop our recommendations, in due course, to support our vision of a vibrant tenanted sector in Scotland.
I want to press the minister a bit on that. Has the agricultural holdings legislation review group decided whether there is a need for tenant farmers to register an interest to buy their tenancies? If there is a pre-emptive right under the Agricultural Holdings (Scotland) Act 2003, we can surely abolish the need to register, as it is an unwarranted exacerbation of tenant-landlord relations.
Rob Gibson has made a good point. Of course, as I have just explained, the final decisions will not be taken until the second half of the year, after the agricultural holdings legislation review group’s interim report has been published, when we will begin moving towards the final report on that issue and others.
As I said, the land reform review group’s report, which was published a few days ago, recommends that the Scottish Government remove the requirement to register a right of pre-emption of secure 1991 act tenancies, as they are an unnecessary constraint, and that 1991 tenants “should have first option” on buying any part of the holding that the landlord decides to sell.
I pledge today that we will consider the issue, and take the group’s recommendation into account.
Does the cabinet secretary agree that the land reform review group has gone beyond its useful remit in making recommendations not only on agricultural holdings but on deer management and wild fisheries? The Scottish Government has established expert review groups to look into those subjects and to report back after hearing all the available evidence, which is something that the land reform review group has conspicuously failed to do.
The land reform review group received a warm welcome throughout Scotland and from most of the parties in the chamber. The group’s report is radical and comprehensive, and contains 63 recommendations and some fantastic commentary on the wider issues facing land reform in Scotland.
It is, of course, extremely difficult to divorce issues of land reform from the subject of agricultural tenancies. Although the expert group on agricultural tenancies should provide the expert advice on that matter, it is only right, and understandable, that the land reform review group also take into account wider agricultural issues and how they relate to land reform and land tenure in Scotland. There is no contradiction there; the group’s contribution is perfectly right and understandable.
Fly-tipping
To ask the Scottish Government what it is doing to tackle fly-tipping. (S4O-03303)
Already this year we have quadrupled the fixed-penalty level for fly-tipping to £200, and we have taken powers in the Regulatory Reform (Scotland) Act 2014 to allow the Scottish Environment Protection Agency to impose penalties of up to £40,000.
As I stated in my response to Neil Bibby, the national litter strategy will be published shortly. The strategy will include action on fly-tipping and will build on our existing support, through zero waste Scotland, to clean up and prevent what is an unacceptable blight on our communities.
There has been a recent spate of fly-tipping in many parts of my constituency, which might be down to the local authority having closed amenity sites. Will the cabinet secretary join me in calling on the current Renfrewshire Council administration to increase the numbers of warden patrols, which have been dramatically cut since the beginning of its term in office?
I condemn any fly-tipping that is taking place in George Adam’s constituency. Although I am not as familiar as he is with local circumstances regarding recent cuts in the warden service, I urge all local authorities, including Renfrewshire Council, to tackle fly-tipping and maintain a presence—through wardens if that is the chosen service locally—to deter people from committing such abhorrent acts in our local communities.
The people who engage in fly-tipping should be ashamed of themselves, but we are taking action against them and will ensure that that message is communicated to anyone in Scotland who is thinking of fly-tipping in Scotland’s beautiful countryside or in our communities.
Food and Drink (Exports)
To ask the Scottish Government what action it is taking to open up new export opportunities for food and drinks firms. (S4O-03304)
I was delighted to launch Scotland’s new food and drink export plan in March this year at Nairn’s Oatcakes. The plan will focus on deploying a team of global experts across key export markets to open up new opportunities and to continue to drive international sales. The plan is a good example of collaboration between the industry and the Government. I am fully confident that it will reap huge rewards for Scotland in the coming years, and help the industry to meet its new ambitious export target of £7.1 billion by 2017.
This is a strange question from somebody who never drinks and never has, but I am a firm believer in the idea that a little of what you fancy does you good. A number of my constituents are employed in the whisky industry, in particular at the Auchentoshan distillery, so any increase in whisky exports is good news for Clydebank and Milngavie.
Can the cabinet secretary provide me with any projections that have been made for overseas whisky exports in the next five years—in particular, for the emerging high-priority markets of China and south-east Asia?
Although we might not share the regularity with which we partake of a dram, Gil Paterson and I certainly share an interest in the Scotch whisky industry because we both have constituents who are employed in the sector. As many other members do, we take a close interest in its fortunes.
Although the Scottish Government does not hold the projections that Gil Paterson asks about, “The Scotch Whisky Industry Review” for 2013 reported that the estimated growth rate of whisky exports in the five years from 2012 to 2017 will be 3 per cent a year. It is worth saying to Parliament that the Scotch Whisky Association recently reported that it is aware of about 30 new distilleries being planned in Scotland. That represents phenomenal growth in that iconic sector. No doubt, it is a sign of confidence in the projections for increased exports. I understand that 40 bottles of whisky per second are exported from Scotland. That will continue for many years to come.
Justice and the Law Officers
Police Officers (Grampian)
To ask the Scottish Government how many police officers in Grampian have resigned since the creation of Police Scotland. (S4O-03306)
The information requested is not held centrally. It is a matter for Police Scotland and the Scottish Police Authority. This Government is continuing to deliver on our commitment to have 1,000 additional officers in Scotland, with recorded crime at an almost 40-year low.
I am disappointed that the cabinet secretary cannot answer such a simple question, of which he has had several days’ notice, giving him an opportunity to consult the chief constable, if he needed to do that.
Does the cabinet secretary recognise that the failure of either his Government or the chief constable to publish a comparison of police officer numbers in Grampian for the periods before and after the creation of Police Scotland simply fuels the sense of crisis in policing in the north-east and increases concern about the loss of local knowledge?
I hardly think that the word “crisis” should be used to describe Police Scotland in the north-east.
As the member will be aware, and as the chief constable has made clear, Police Scotland has committed to publishing sub-national data quarterly. Taken together, the latest published figures for the Aberdeen city, Aberdeenshire and Moray divisions show that local resources increased by one, regional resources that are available to the area increased by 12 and national resources that are available to the area increased by five. I accept that that is a marginal increase, but it shows that the delivery of 1,000 additional officers nationally has been maintained, and that the figure is also relevant in the north-east.
The chief constable, the Scottish Police Authority and I are aware that there are challenges, due, in particular, to the buoyant economy in the north-east, which affects the police service as it affects other public services and some aspects of the private sector, given the house prices and the available jobs. However, it is clear that the police service is being maintained in the north-east. Indeed, I recently had the privilege of visiting Tulliallan police college, where new recruits, including many who were going to serve in the north-east, were passing out.
Question 2, in the name of Chic Brodie, has not been lodged. An explanation has been provided.
Pre-Lisbon Criminal Law and Policing Measures (United Kingdom Block Opt-out)
To ask the Scottish Government what discussions it plans to hold with the United Kingdom Government about the United Kingdom’s block opt-out of pre-Lisbon criminal law and policing measures. (S4O-03308)
On 19 May, I spoke about the issue by telephone to the Home Office minister who is responsible for the matter, Karen Bradley MP.
As the member knows, we are not party to the negotiation process for the UK to opt back into the 35 measures that it has indicated that it wishes to opt back into, but I expressed the Scottish Government’s concern about UK ministers’ decision to opt out of those important justice and police co-operation measures and about any potential delay in the process for opting back in.
My officials are available to update the Justice Committee if it would find that helpful.
Obviously, as a member of the Justice Committee, I am concerned about the fact that, last month, Karen Bradley postponed a private meeting with the committee at extremely short notice.
I am grateful to the minister for her comments, but I ask for an assurance that she will continue to express concerns to the UK Government and Karen Bradley, particularly in relation to the European arrest warrant.
As I indicated in my initial answer, I have already had a conversation with Karen Bradley. We continue to remind the UK Government that an operational gap between opting out of and back into the measures would have a direct impact on our criminal justice system.
My officials were most recently in touch with Home Office officials yesterday. They commented that negotiations were progressing well and that member states agree on the need to avoid an operational gap that could affect live judicial processes, such as those involving the European arrest warrant. We will continue to seek regular assurances from the UK Government until a seamless transition has been ensured.
Question 4, in the name of Margaret McDougall, has not been lodged. A satisfactory explanation has been provided.
Air Weapons (Licensing)
To ask the Scottish Government whether it considers that the licensing of air weapons is a proportionate measure, given that offences involving such weapons have fallen by 75 per cent since 2006-07. (S4O-03310)
Yes. Although gun crime is at a 32-year low and continues to fall, thanks to the hard work of our police and courts, there is no reason to be complacent. Air weapon offences are not falling as quickly as those involving more powerful types of firearm. There were 171 offences involving air weapons in 2012-13. That is almost half—47 per cent—of all firearms offences in that year, and the figure does not take into account the many incidents that go unreported.
I inform the cabinet secretary of a conversation that I have had with various constituents—admittedly, they are air rifle enthusiasts—who are concerned that an unintended consequence of a licensing regime may be that some people apply for a full firearms licence as an alternative. The cabinet secretary may dismiss that concern; indeed, he may be right to do so. Nevertheless, can he confirm what assessment has been made of that possibility?
I am happy to engage with the member; indeed, we engage through regular meetings and discussions. The legislation has been formed not only in conjunction with the police but through discussions with the British Association for Shooting and Conservation and those who represent responsible gun clubs. If there are concerns, we are happy to engage. The last thing that we want is somebody to obtain such a certificate—in all likelihood at a higher cost than the one that is necessary. I am therefore happy to engage with the member if he so wishes.
On the licensing regime, I am also happy to engage so that we can ensure—through responsible gun clubs, through the BASC, which is rightly vociferous on the matter on behalf of its members, or, indeed, through direct communications between firearms officers and individuals—that individuals obtain the appropriate licence and that the regime balances the appropriate need for a certificate with the safety and security of our communities.
Chief Constable (Meetings)
To ask the Scottish Government when it last met the chief constable. (S4O-03311)
I regularly meet the chief constable to discuss keeping people in Scotland safe. I last met him on 28 May at the public launch of the national “Code of Ethics for Policing in Scotland” at the Scottish Police College. I was delighted to support that important development, which ensures that Police Scotland’s values of integrity, fairness and respect are firmly placed at the heart of our nation’s policing.
At the cabinet secretary’s next meeting with Sir Stephen House, will he undertake to convey the real concerns that have been expressed by members from across the Parliament about the routine arming of police officers who are on patrol? Will he accept that, regardless of how long that practice has been going on in different parts of the country, it must now be nationally reviewed?
Such aspects are for the Scottish Police Authority to review, and it may choose to do so. I repeat what has been said previously in the chamber: the regime that operates is the one that operated in Strathclyde, which Mr Smith represents, and in Tayside. It was instigated in the Northern Constabulary area and has now gone national.
I believe that 98.6 per cent of officers in the Police Service of Scotland are not armed or authorised to be armed—1.4 or 1.6 per cent, or approximately 275 officers, are so authorised. Some of those officers are on leave and some have been abstracted. They operate on a significant shift system, so the number of routinely armed officers in Scotland is a fraction of that number.
However, we have to ensure that there is a balance. Given that there have been incidents in Scotland in which tragedies have occurred—there have also been incidents south of the border and in Norway—we conclude that we must have a limited number of officers who are ready, able and willing to secure our communities. We hope that such a need never arises but, if it does, the balance is reasonable and proportionate. However, I will pass the member’s views on to the Scottish Police Authority.
Does the cabinet secretary agree that school campus police have an important role to play in developing good relations with young people? Does he consider that police who retire early have a wealth of experience that could be used to good effect if they were encouraged to continue as school campus police? Will he confirm whether the numbers of school campus police have increased or declined since Police Scotland came into existence? Will he raise that issue with the chief constable when he next meets him?
Four questions there, cabinet secretary.
I first put it on record that I welcome campus officers.
I do not have that precise information to hand but I will ensure that—probably through the police, because I do not know how the information is formally recorded—we get information out to Margaret Mitchell as best we can.
I certainly appreciate the value of campus officers. Ironically, I was at an event in my constituency with a charity, SkillForce, at which I spoke to the headteacher of a high school in Edinburgh who praised the campus officer, who I knew and who was going to be returning, in a voluntary capacity, to work with the school—Margaret Mitchell mentioned that. Obviously, there is a distinction between whatever voluntary role that individual may have and what might be offered.
I take two points from Margaret Mitchell’s questions. First, campus police do an outstanding job—I accept that. Secondly, there is work that can and should be done, and such officers have valuable skills that we do not want to lose. However, I do not know whether the role is within the responsibility or aegis of Police Scotland. The headteacher of that high school in Edinburgh was delighted that that individual was returning to the school. It is food for thought for us as an Administration and for the Justice Committee. Doubtless, I will pass that on to the chief constable.
When the cabinet secretary last met the chief constable, did he discuss miscarriages of justice experienced by miners who were arrested during the 1984-85 strike? Will the cabinet secretary meet me and some of those who were convicted who, in their own words, believe that they were arrested on bogus, exaggerated or wholly false charges?
I did not discuss that precise matter, although I am aware of the issue, which the member is right to raise. We have legislation to deal with miscarriages of justice in Scotland through the Scottish Criminal Case Review Commission. Those who seek to overturn a conviction go through that route. It has always been accepted that policing north of the border is distinct from policing south of the border. The chief constable now serves north of the border, but he was probably serving as an officer south of the border at the time. Nonetheless, he recognises the difference in culture and practice.
Air Weapons (Proposed Legislation)
To ask the Scottish Government how its legislation on air weapons will achieve a balance between protecting communities and allowing legitimate shooting in a safe environment. (S4O-03312)
We do not believe that it is appropriate to have unlicensed guns in Scotland. Air weapons are potentially lethal. The regime that is set out in part 1 of the Air Weapons and Licensing (Scotland) Bill aims to introduce a familiar, practicable and affordable licensing system that will allow a reasonable and fit person to continue to shoot. Licences will not be provided to those who have no legitimate reason to have guns or who seek to misuse them.
I have written to the cabinet secretary on behalf of constituents who are concerned about the proposed legislation. What is his response to claims that the Scottish Government has not listened to reasoned arguments against the proposals, that the proposals are an excessive, knee-jerk reaction, and that they will be costly to implement?
I will write to the member in due course. We have had significant discussions. There have been meetings involving all those with an interest, including gun clubs, those who represent the shooting and field sector, and the police. We have to get a reasonable, proportionate and balanced system.
Prior to the launch of the bill, I met the parents of young Andrew Morton. It would be fair to say that Andrew Morton and Sharon McMillan were very supportive of action being taken, because of the tragedy that befell their son and which could and should not happen to any other child.
We are also aware of the problems and tragedies that befall animals because of those who misuse weapons and, next week, I will visit the Scottish Society for the Prevention of Cruelty to Animals.
The consultation was not about the principle of introducing licensing for air weapons but about the practicalities. We believe that the case for licensing has been made. It was made with the tragedy of Andrew Morton, it has been made since and it will be repeated and directly recounted to me by the SSPCA. What we now have is detailed proposals and estimated costs and, as Jackson Carlaw proposed, we will work to ensure that those who have a legitimate reason to possess a firearm, whether it be for pest and vermin control, or whether they are a member of a responsible gun club, will be able to continue to do so.
I listened with interest to the cabinet secretary’s responses to Jackson Carlaw and Bruce Crawford. He will be aware from our correspondence that there are concerns in my constituency that this is a response to a problem in urban areas that is having a disproportionate impact on rural areas. What assurances can the cabinet secretary give me and my constituents that the concerns of those who live in rural and island areas will be taken fully on board as the legislation progresses?
I can give the member the same assurances that I gave earlier. I will have meetings with those who represent gun owners and the British Association for Shooting and Conservation, and so on. I predict that the SSPCA will make it quite clear to me that this is not simply an urban issue and that it applies to areas throughout Scotland. Many in more rural areas clearly have greater need to have an air weapon because of their need for pest and vermin control and because they are farmers, and we will take that into account.
The tragedies that have befallen Scotland through the misuse of air weapons, whether they have happened to people or animals, are not restricted to urban areas; they happen throughout Scotland.
The cabinet secretary knows that I support the bill’s intentions. Nevertheless, reservations have been expressed about the ability of the authorities, particularly the police, to administer any new licensing arrangement, given the sheer volume of air weapons out there. Has the cabinet secretary costed the exercise, and is he confident that it can be supported?
We have costed it because that information required to go into the bill’s financial memorandum. We are aware of the member’s concerns, and it would be fair to say that we have met the chief constable and those who represent him at discussions with officials, and they are happy that the police can cope. That is why we are working with them to ensure that the timescale is appropriate and will allow them time to address matters.
Scottish Police Federation (Meetings)
To ask the Scottish Government when it last met representatives of the Scottish Police Federation and what was discussed. (S4O-03313)
I meet representatives of the Scottish Police Federation regularly to discuss a range of policing issues of concern to federation members. Our next meeting will be on 25 June.
It is clear that the Scottish Government and the Scottish Police Federation have a close working relationship, which most importantly benefits the people of Scotland and has kept crime down to a 39-year low. Does the cabinet secretary therefore have any advice for his counterpart at Westminster, Theresa May, on how to properly engage in a useful and constructive relationship with her local police federation?
Briefly, minister, and then we will get in another question.
I respect very much the work that police officers do and it is appropriate for me to engage and have a constructive working relationship with the Scottish Police Federation. It would be inappropriate for me to refer to Theresa May but, as I have already said to the general secretary of the Scottish Police Federation, we will not implement Winsor or May reforms in Scotland.
Employment Tribunals (Fees)
To ask the Scottish Government what its position is on the United Kingdom Government’s decision to introduce fees for employment tribunals of £250 to register a case and a further £950 before it gets to a hearing, and the particular effect that that will have on women in equal pay and sexual discrimination cases. (S4O-03314)
The Minister for Energy, Enterprise and Tourism wrote to Jo Swinson MP on 24 June 2013, before the introduction of the new legislation, making clear the Scottish Government’s opposition to the new measures. That principled opposition will continue after a yes vote. I would be surprised if any future Scottish Government of any kind would think that such fees are at all appropriate.
With regard to equal pay cases, does the minister share the widespread concern at the failure of North Lanarkshire Council to enter into talks on settling thousands of equal pay cases, despite admitting that mistakes were made?
I need to be careful not to stray into colleagues’ portfolio areas. I remind the member that councils are independent corporate bodies and decisions on equal pay and pay negotiations and legal costs are entirely matters for them.
Nevertheless, the Scottish Government is keen to see a resolution to all local authority equal pay claims, and will continue to encourage the Convention of Scottish Local Authorities and councils to resolve all such issues as quickly as possible. With the full powers of independence, we would have the power to enforce the provisions of the Equal Pay Act 1970. Of course, fees for raising an action in a tribunal will adversely impact on precisely the people who are so unfairly affected by the decision of North Lanarkshire Council.
The minister will remember that, at stage 2 of the Tribunals (Scotland) Bill, I lodged an amendment to try to prevent the charging of fees. In the event that employment tribunals are devolved to the Scottish Courts and Tribunals Service, which is what many of us want to happen, what mechanism does the minister propose to use to ensure that such fees cannot be charged?
I remind Elaine Murray of my response at stage 2, which was that the decision-making process on the fees that might or might not be considered applicable are for the policy areas in which the tribunal is located. For example, the Lands Tribunal for Scotland has always had a fee structure, and Elaine Murray’s proposal would have removed such structures from tribunals that have always had them.
We do not envisage this sort of thing happening in future, and I cannot comment on the decision-making process on the formation of the Lands Tribunal’s approach to fees. In any case, as far as we are concerned, that is a matter for the individual policy area within which any tribunal emanates.